[denisedodd1980]

We just recently purchased a DME (in FEb 2010) and the previous owner is now coming to us sayin that she needs to make copies of all the patients and take them with her? should we let her? These patients went with the business? please correct me if im wrong

[DMEisgoodfun]

Seems to me it would be a HIPAA violation to give her files.

[Mike Kuller]

Whether you purchased the DME company's stock or just their assets, the patients are part of the deal. Without them, there is no cash flow or business.

Better ask your lawyer to review the purchase agreement to insure you paid for what you thought you did and clear up any misunderstanding on the seller's part.

[Cuda]

I recently assisted a client who sold his DME. It was a stock sale but part of the deal was that he is held liable for all claims with dates of service up to the sale date. The new owner is responsible from that point forward. Now, in reality, if CMS has any problems with the claims prior to the sale date they will contact the new owners, not the old owner, because they contact the entity that owns the business, i.e. My DME Store, Inc. The entity would be responsible for any recoupments requested. In this case, this was a private agreement for liability between the seller and buyer as part of the sale of the DME business. The new owner will bill the previous owner for any recoupments they have to pay as per their agreement. The previous owner did not take copies of any of the patient files. I find this highly suspect and agree with the previous poster to have your attorney review your sales contract.